Restrictive practices and compulsory treatment

The Disability Act 2006 protects the rights of people with a disability who are subject to the use of restrictive practices or compulsory treatment.

A small number of people with a disability are subject to restrictive practices or compulsory treatment, which are used to protect the person from causing harm to themselves or others.

Restrictive practices

restrictive practice is any practice or intervention that has the effect of restricting the rights or freedom of movement of a person with a disability.

A restrictive practice is a regulated restrictive practice if it is, or it involves, seclusion, chemical restraint, mechanical restraint, physical restraint or environmental restraint.

The use of regulated restrictive practices by disability service providers must be included in a behaviour support plan and reported to the Victorian Senior Practitioner. 

The use of regulated restrictive practices by registered NDIS providers must be included in an NDIS behaviour support plan prepared by an NDIS behaviour support practitioner and reported to the NDIS Quality and Safeguards Commission. 

Compulsory treatment

Compulsory treatment is the treatment of a person who is:

  1. admitted to a residential treatment facility under an order specified in section 152(2) of the Disability Act 2006; or
  2. subject to a supervised treatment order.

A supervised treatment order is a civil order, made by the Victorian Civil and Administrative Tribunal to enable the detention of a person with an intellectual disability to prevent the risk of violence or the significant risk of serious harm to others. 

The Victorian Senior Practitioner

The Victorian Senior Practitioner is responsible for ensuring that the rights of persons who are subject to restrictive practices and compulsory treatment are protected, and that appropriate standards in relation to restrictive practices and compulsory treatment are complied with. The Victorian Senior Practitioner has the power to issue prohibitions and directions under the Disability Act 2006.